The Lake Charles echo. [volume] (Lake Charles, Parish of Calcasieu, La.) 1876-1898, 1887-11-04
EsuBIEc Ferries EmsTbortnm3 Hse-
ssFsaom.


The question Of theyalidity Of grant by
the police iary, by special ordinance, Of
charter to keep q public ferry, has been judi
eially settled in Daleapieu parish, in the suit
Of Thomas Wienelze We. Henry Raca.
In July, 1885, Thomas WfenclIe presented
10 the police jury Of Galcasieu parish petit
ton for a charter to keep public ferry on
Bayou Dinde, in this parish, The police jury
referred the petition to its committee on
roads and bridges, and that committee re-
ported as follows:
'FFavorably on the petition Of Thomas
! WienelIe, asking for a charter for a public
ferry on Bayou Dinde, and recommend that
said charter be granted for the term of five
/ years, and that he have the ferry privilege
for one mile up and down the said Bayou
Dinde, and that the rates Of ferriage shall be
the same as heretofore"
The police jury adopted said report Of said
committee, and this was the only action
taken by the police jury in that matter.
On September S, 1886, Wieneke filed in the
| District Court for Ualcasteu parish an iniune
tion suit against Henry Raea, alleging that
Raea was keeping a private ferry on Bayou
Dinde within the limits of Wiencke's exclu-
sive ferry privilege, as granted by the police
| Jury, claiming damages for such alleged IN
friugement of his rights, and praying for an
injunction perpetually restraining Raea from
keeping sneh private ferry.
| Raca being unable TO employ counsel to
defend the suit one of our oldest attorneys
volunteered to represent him, and In his an
swer to the suit Raea denied that Wiencke
had any legal title, grant or privilege, exelu-
sive or otherwise, to keep a ferry on Bayou
| Dinde, and alleging that IF the police jury
had passed any ordinance giving him any ex-
elusive right of ferry privilege on Bayou
Dinde, such ordinance WAS ultra Vires, illegal,
and In direct violation Of the laws Of Louisi-
ana relative to the powers and duties of police
iuriss in regard TO ferries, Raca prayed that
any such ordinance of the police jury might
be deereed to be null and void, that the in
junction might be dissolved, that plaintiffs
demand might be rejected at his costs, and
that Raca's right to sue him and his surety on
his Injunction bond, for damages, as in case
of a wrongful injunction, might be reserved.
There was Judgment In the District Court
| in favor OF the defendant, Baca, as prayed
| for IN his answer to the suit and Wiencke
appealed to the Circuit Court of Appeals,
which recently affirmed the judgment ap-
pealed from.
The Circuit Court Of Appeals says:
"We have carefully examined the record
of this suit, and we have failed to find therein
any evidence that the police jury Of the par
lSi ol S4lceslSL PeSo ~ a.
AissSu W PiaLItinJ OsS9'iio5 5 Po"1tC
3erfy aeFoss bayou DlliuS1 "uu 6iSlSlHE "
nun Tue exclusive, VI ANY yDAiSi htI' M ~
flght or privilege 10 Keep Tue sauJ' Aht
PFoeeeqlhgS SHOW" u naFc oGtn S@GgH ny
balu ponce jury 10 noI cohSS ~, N 'ut
OPINION SUCH ~! oiulnAHce. 1neS "oi u ~ o.
0sBI, mercy Al, Ia
ulrecnon' winch IL 10 no. sno"n W t
haGe0 IN a Loiniai VI vi ~ ",
that BODY estabilshlhE Terry anu eta .tIs
10 plalhtili [lBhL 20 sep II, 49,
Is nor sGtntt .I u "a
showing Iu@L tlIe polSe 5 las La ~ ~ ~
any q tle AVLio Plo9Sl '[ Co ~ 80 sSS " -
~ ~ ~ ~ itf,' ~
tfe astabjiebTnent nf ferries nv that body,n
The Revised Statutes referred to were en-
acted In 1870 and the two sections referred
y, oro a litarai re-epactrnent of an act of 1875
~ -..5 49, s,1l,,,,.
lucy Foeu "' AOIA0"'
"Sec. 1901. The police juries OF the sew
eral parishes Of the state 1.-THE parish OF Or
/ lehnS SAtGpbEAlr HAAzi nav tAAS "a CihSi'S
privilege OF eSIaDising LeIFies anu t 40,
in% H. rates Of ferriaoe and toll to be charged
thereon and of generally regulating the
police OF the same. 1hlS privilege snail not
1aSTteha1 until The eyniratio6 Of their char
ters nor to any ferries or bridges within the
control Of municipal corporations and said
ponce JutlGh snall naHv te tigiC ~ las y'lS
ASAiiSo 'ANAAA@' 'AiS4i ~-t''~N-'0
the Iessees of said ferries shall give bond and
security annually, payable 70 the president OF
I,iraI for H. faithfTI nerformoncf If their
duties as pablic ferrymen."
Sec: 1902 1t shall be the duty, OF the
ppS 49, ,bjrt~ davs and tRey shall hr lei
at the court house in said parish, by the pres
ident Of the police jury, to the highest bidder.
whenever taere Is Le"saPeF Pn I, III, ~
t iie6ed in sncb DewspaDer,"
For the information of our readers, we
Dnb,;sh also the following section of the Re
vised statptes
+ "sec 15o3 On streams that divide mar
= ishes the parishes to and in which such ferry
boats ply shall have concurrent jurisdiction
orf, ~ the cbarter anal, he coSnia
able by the court OIL eltler paFlsl,'
A Section 1904 of the Revised Statutes pro
vides for the free passage, by keepers of al
ferries allowed to collect tolls, of all persons
q subject to militia duty, their horses ana
a equipage, going to or returning from muster
, Section 1906 OF the Revised Statutes pro
n vides for the free passage, between the hour
D. of seven and nine O'Clock a. NJ, andfour ant
" six o'clock P, m, OF all children on foot
4 attending public schools, while going to 0
], -. ~ tha stota [avoant 49, go ~ ~,
"a mississippi, which are rented out by tn
n srtS VI WV" on,roS r 'as9
l.